Saturday, 16 January 2016

minhag - The Split Between Sefardim and Ashkenazim


How did this split happen historically and halachically before Shulchan Aruch, and why is not like having two Torahs? Where is the source for the split?



Answer



Since there has been a Torah, there has been machlokes. Hashem, in His Infinite Wisdom set up a bais din to deal with this Devarim 17:8... See the ramban there. This is where all of Torah sheb'al pe is finally decided (Mishna sanhedrin ailu hen hanechnakim- I'll find the page later).


After the Galus of the Sanhedrin, there was more machlokes which was not finalized (for us) until Rebbi and then later the gemara was redacted. Of course the Yerushalmi had different opinions. So did Gaon vs Nasi, and so on. So communities just followed their local or long distance rav.


It's been a while since I did "lo sisgodedu", but from what I remember, it applies when there is only one bais din in town, if there are two, it isn't a problem. In the melting pot where many communities came over with their customs, this can be considered like multiple batei dinim. I'll try to source this later.



Davening a different nusach than your shul is a different issue of not changing the custom due to potential machlokes.


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